Indian
Constitution | Parliament | Acts | Rules
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Parliament
Parliament is the supreme legislative body of India.
The Indian Parliament comprises of the President
and the two Houses-Lok Sabha (House of the People)
and Rajya Sabha (Council of States). The President
has the power to summon and prorogue either House
of Parliament or to dissolve Lok Sabha.
The Constitution of India came
into force on January 26, 1950. The first general
elections under the new Constitution were held during
the year 1951-52 and the first elected Parliament
came into being in April, 1952, the Second Lok Sabha
in April, 1957, the Third Lok Sabha in April, 1962,
the Fourth Lok Sabha in March, 1967, the Fifth Lok
Sabha in March, 1971, the Sixth Lok Sabha in March,
1977, the Seventh Lok Sabha in January, 1980, the
Eighth Lok Sabha in December, 1984, the Ninth Lok
Sabha in December, 1989, the Tenth Lok Sabha in
June, 1991, the Eleventh Lok Sabha in May, 1996,
the Twelfth Lok Sabha in March, 1998 and Thirteenth
Lok Sabha in October, 1999.
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Rajya Sabha
The origin of Rajya Sabha can be traced
back to 1919, when in pursuance to the Government
of India Act, 1919, a second chamber known as the
Council of States was created. This Council of States,
comprising of mostly nominated members was a deformed
version of second chamber without reflecting true
federal features. The Council continued to function
till India became independent. The Rajya Sabha,
its Hindi nomenclature was adopted in 23 August,
1954.
The Rajya Sabha is to consist of
not more than 250 members - 238 members representing
the States and Union Territories, and 12 members
nominated by the President.
Rajya Sabha is a permanent body
and is not subject to dissolution. However, one
third of the members retire every second year, and
are replaced by newly elected members. Each member
is elected for a term of six years.
The Vice President of India is
the ex-officio Chairman of Rajya Sabha. The House
also elects a Deputy Chairman from among its members.
Besides, there is also a panel of "Vice Chairmen"
in the Rajya Sabha. The senior most Minister, who
is a member of Rajya Sabha, is appointed by the
Prime Minister as Leader of the House.
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Lok Sabha
Parliamentary institutions in India, with
all their modern ramifications, owe their origin
to India's British connections. Until 1853, there
was no legislative body distinct from the Executive.
The Charter Act of 1853, for the first time provided
some sort of a legislature in the form of a 12 member
Legislative Council. The Indian Independence Act,
1947 declared the Constituent Assembly of India
to be a full sovereign body. Apart from being a
Constitution drafting body, it also assumed full
powers for the governance of the country. With the
coming into force of the Constitution on 26 January,
1950, the Constituent Assembly functioned as the
Provisional Parliament until the first Lok Sabha,
then known as the House of People, and was constituted
following General Elections in 1952. Lok Sabha,
the Hindi nomenclature was adopted on 14 May, 1954.
The Lok Sabha is composed of representatives
of people chosen by direct election on the basis
of Universal Adult Suffrage. The Constitution provides
that the maximum strength of the House be 552 members
- 530 members to represent the States, 20 members
to represent the Union Territories, and 2 members
to be nominated by the President from the Anglo-Indian
Community. At present, the strength of the House
is 545 members.
The term of the Lok Sabha, unless
dissolved, is five years from the date appointed
for its first meeting. However, while a proclamation
of emergency is in operation, this period may be
extended by Parliament by law for a period not exceeding
one year at a time and not extending in any case,
beyond a period of six months after the proclamation
has ceased to operate.
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Difference between Lok Sabha and Rajya Sabha
(1) Members of Lok Sabha are directly
elected by the eligible voters. Members of Rajya
Sabha are elected by the elected members of State
Legislative Assemblies in accordance with the system
of proportional representation by means of single
transferable vote.
(2) The normal life of every Lok
Sabha is 5 years only while Rajya Sabha is a permanent
body.
(3) Lok Sabha is the House to which
the Council of Ministers is responsible under the
Constitution. Money Bills can only be introduced
in Lok Sabha. Also it is Lok Sabha, which grants
the money for running the administration of the
country.
(4) Rajya Sabha has special powers
to declare that it is necessary and expedient in
the national interest that Parliament may make laws
with respect to a matter in the State List or to
create by law one or more all-India services common
to the Union and the States.
Functions and Powers
The cardinal functions of the Legislature
include overseeing of administration, passing of
budget, ventilation of public grievances, and discussing
various subjects like development plans, international
relations, and national policies. The Parliament
can, under certain circumstances, assume legislative
power with respect to a subject falling within the
sphere, exclusively reserved for the states. The
Parliament is also vested with powers to impeach
the President, remove judges of Supreme and High
Courts, the Chief Election Commissioner, and Comptroller
and Auditor General in accordance with the procedure
laid down in the Constitution. All legislation requires
the consent of both Houses of Parliament. In the
case of Money Bills, the will of the Lok Sabha prevails.
The Parliament is also vested with the power to
initiate amendments in the Constitution.
